The jury in Oracle v. Google is reentering the courtroom, according to the tweeting journalists at the courtroom, asking what to do. They have reached
a unanimous verdict on all the questions except for one. They are filling out the verdict form. So stand by. Update: This is like a soap opera. The foreman now tells the judge it was not unanimously agreed to send that note. Some want to deliberate some more. Caleb Garling of Wired: Foreman: A minority of jurors believe waiting the weekend will generate new perspective, break deadlock on fourth question Judge Alsup tells them they don't have to reach agreement on question 4. That's just advice for him, because he has to decide that in the end. No, they tell him they are at an impasse on one of the first three questions on the form.
Here are the three:
1. As to the compilable code for the 37 Java API packages in question taken as a
group:
A. Has Oracle proven that Google has infringed the overall structure,
sequence and organization of copyrighted works?
Yes __________ No __________
(IF YOU ANSWER “NO” TO QUESTION 1A, THEN SKIP TO QUESTION NO. 2.)
B. Has Google proven that its use of the overall structure, sequence
and organization constituted “fair use”?
Yes __________ No __________
2. As to the documentation for the 37 Java API packages in question taken as a
group:
A. Has Oracle proven that Google has infringed?
Yes __________ No __________
(IF YOU ANSWER “NO” TO QUESTION 2A, THEN SKIP TO QUESTION NO. 3.)
B. Has Google proven that its use of Oracle’s Java documentation
constituted “fair use”?
Yes __________ No __________
3. Has Oracle proven that Google’s conceded use of the following was infringing,
the only issue being whether such use was de minimis:
| | Yes
(Infringing) | No
(Not Infringing) |
| A. | The rangeCheck method in
TimSort.java and
ComparableTimSort.Java |
_______ | _______ |
| B. | Source code in seven “Impl.java”
files and the one “ACL” file |
_______ | _______ |
| C. | The English-language comments in
CodeSourceTest.java and
CollectionCertStoreParameters
Test.java |
_______ | _______ | Do these jurors understand that the question as to whether SSOs can be copyrighted is for the judge to decide? The judge and the attorneys are in a huddle -- should they hear the partial verdict now or send the jury home for the weekend and let them try to deliberate some more on Monday? Mr. Garling jokes that if ever Google decides to gather the world's court cases, it should be called "Google Huddle".
The judge tells the jury he's inclined to send them home for the weekend. If they'd like a read-back of the testimony, they need only ask. Garling
quotes Judge Alsup to the jury:
"Since there is hope of reaching that question, we should take advantage of that hope." Then he warned the jury not to do any independent research. And now you know one reason journalists
don't live as long as librarians.
|
